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CALANDRO v. FIRST COMM. BANK & TRUST CO. OF LONE GROVE

No. 92-7008.

991 F.2d 640 (1993)

John CALANDRO, III, David W. Bullock, J. Richard Arellano, and Bak 401(K) Profit Sharing Plan (by and through its trustee, Stevan S. Allen), Plaintiffs-Appellants, v. FIRST COMMUNITY BANK AND TRUST COMPANY OF LONE GROVE, OKLAHOMA, an Oklahoma Banking Association, James E. Patton, Robert D. Bell, James H. Yell, John S. Bogle, Donald B. Howard, Creede Speake, Jr., Jerry Shelton and Jerry Sutton, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 15, 1993.

Attorney(s) appearing for the Case

Francis B. Majorie of Majorie and Vinson, Dallas, TX, for plaintiffs-appellants.

Carl D. Hall, Jr. (and S.M. Fallis, Jr. of Nichols, Wolfe, Stamper, Nally & Fallis, Inc., Tulsa, OK, for First Community Bank and Trust Co. of Lone Grove, OK, Joseph R. Farris, Jacqueline O'Neil Haglund, and Jody R. Nathan of Feldman, Hall, Franden, Woodard & Farris, Tulsa, OK, for Directors, with him on the brief), for defendants-appellees.

Before EBEL, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and OWEN, Senior District Judge.

McWILLIAMS, Senior Circuit Judge.

By amended complaint, John Calandro, III and others brought the present action in the United States District Court for the Eastern District of Oklahoma against the First Community Bank and Trust Co. of Lone Grove, Oklahoma (the Bank) and eight members of the Bank's Board of Directors Jurisdiction was based on 28 U.S.C. §§ 1331 and 1332.1

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